Water Shortages

Orders of the Day
	 — 
	NORTHERN IRELAND (MISCELLANEOUS PROVISIONS) BILL

New Clause 3
	 — 
	Conditions for Devolving Policing and Justice Matters

New Clause 7
	 — 
	Amendments to Section 30 of the 1998 Act

Amendments made: No. 7, in page 22, line 20, at end insert—
	'PART A1 - DEPARTMENT IN THE CHARGE OF MINISTER APPROVED BY RESOLUTION OF ASSEMBLY
	Introduction
	A1 (1) This Part of this Schedule has effect in relation to a Northern Ireland department—
	(a) the functions of which consist wholly or mainly of devolved policing and justice functions; and
	(b) in relation to which an Act of the Assembly provides, by virtue of section 21A(2A), for it to be in the charge of a Northern Ireland Minister (the "relevant Minister") appointed by virtue of a nomination—
	(i) made by the First Minister and the deputy First Minister acting jointly; and
	(ii) approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.
	(2) In this paragraph "devolved policing and justice function" has the same meaning as in section 21A (see subsection (6) of that section).
	Section 18 not to apply to relevant Minister
	A2 (1) Section 18 (Northern Ireland Ministers) shall not apply in relation to—
	(a) the relevant Minister; or
	(b) the Ministerial office held by the relevant Minister (the "relevant Ministerial office"),
	and paragraph A3 shall apply instead.
	(2) But the references to Ministerial offices in—
	(a) subsection (1)(c) and (d) of section 18; and
	(b) subsection (5) of that section (in the definition of M),
	shall be taken to include the relevant Ministerial office.
	Provisions relating to relevant Minister
	A3 (1) Where any of the conditions in paragraphs (a) to (e) of section 18(1) is satisfied—
	(a) the relevant Minister shall (if holding office at the time) cease to hold office; and
	(b) the relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.
	(2) The relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) before section 18(2) to (6) is applied in relation to the other Ministerial offices.
	(3) The First Minister and the deputy First Minister acting jointly shall nominate a member of the Assembly to hold the relevant Ministerial office.
	(4) The nomination shall not take effect unless it is approved by a resolution of the Assembly passed with the support of—
	(a) a majority of the members voting on the motion for the resolution;
	(b) a majority of the designated Nationalists voting; and
	(c) a majority of the designated Unionists voting.
	(5) If—
	(a) the nomination does not take effect within a period specified in standing orders; or
	(b) the nominated person does not take up the office for which he has been nominated within that period,
	a further nomination of a member of the Assembly shall be made under sub-paragraph (3).
	(6) Sub-paragraphs (3) to (5) shall be applied as many times as may be necessary to secure that the relevant Ministerial office is filled.
	(7) The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold the relevant Ministerial office.
	(8) The relevant Minister shall not take up office until he has affirmed the terms of the pledge of office.
	(9) The relevant Minister shall cease to hold office if—
	(a) he resigns by notice in writing to the First Minister and the deputy First Minister;
	(b) he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or
	(c) he is dismissed by the First Minister and the deputy First Minister acting jointly and the Presiding Officer is notified of his dismissal.
	(10) If the relevant Minister ceases to hold office at any time, otherwise than by virtue of sub-paragraph (1), the relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.
	(11) Where—
	(a) the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and
	(b) the party's period of exclusion under that provision has not come to an end,
	no member of that party may be nominated under sub-paragraph (3).
	(12) Where—
	(a) the Secretary of State has given a direction under section 30A(5) in respect of a political party; and
	(b) the party's period of exclusion under that provision has not come to an end,
	no member of that party may be nominated under sub-paragraph (3).
	(13) In this paragraph, a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended.'.
	No. 8, in page 22, line 33, leave out 'subsections (6) and (7)' and insert 'subsection (6)'.
	No. 9, in page 25, line 17, leave out 'subsections (6) and (7)' and insert 'subsection (6)'.
	No. 10, in page 28, line 9, leave out '21A(3)' and insert '21A(2A), (3)'.— [ Huw Irranca-Davies .]